HomeMy WebLinkAbout051418_cabs011:30 p.m. CA Briefing Session
Commissioners Chambers
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: May 14, 2018
SUBJECT: UPDATE re: Washington State Association of Counties (WSAC) Programs
STATEMENT OF ISSUE:
Eric Johnson, Executive Director will provide the Commissioners with an update regarding the
Washington State Association of Counties programs.
FISCAL IMPACT:
None
RECOMMENDATION:
No Action Required
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strator Date
Washington State
Association of Counties
2018 Annual Courthouse Briefings— Agenda
Attending for WSAC: Eric Johnson, Executive Director
Depending on Briefing:
WSAC President Blair Brady (Wahkiakum County)
WSAC 1St Vice President Scott Hutsell (Lincoln County)
WSAC 2nd Vice President Rob Gelder (Kitsap County)
WSAC Immediate Past President Obie O'Brien (Kittitas County)
1. Introductions Chair, BoCC/Council
2. WSAC Update President Brady
Director Johnson
a. Strategic Litigation and Communication
b. Legislation
3. County Issues
a. Local Issues
b. Relationship with WSAC
c. WSAC Follow Up
4. Adjourn
Commissioners/Councilors
Why This? Why Naw?
The Washington State Association of Counties (WSAC) has decided to develop a Litigation and Strategic
Communication Program. WSAC members saw this action as a necessary response to the continued neglect by the
State of Washington of the various state services that the state constitution and laws require counties to perform.
For the last five years, WSAC has sought help from the state
on specific proposals and solutions to provide financial relief for
counties including:
• Changes in laws to help counties control costs.
• Additional revenue capabilities.
• Flexibility with existing revenue.
• Additional state shared revenues to perform state
required services.
The Legislature has largely ignored our proposed solutions.
Without a change in the status quo, counties will be forced to
reduce public health and safety programs, social services, and
the civil and criminal justice services.
What's the Plan?
"Clark County Budget Faces 20 Million Shortfall"
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"Spokane County Facing $10 Million Shortfall"
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WSAC will continue to work with the Legislature and the Executive Branch to assure long-term county financial
stability. At the same time, WSAC is refining its litigation parameters and policies. Once the process and framework are
identified, recommendations will be made to the WSAC Board of Directors for final approval. No decision to proceed
on any litigation has been made. WSAC is simply adding additional tools to advance its policy agenda and more
capacity to augment their existing advocacy capabilities.
The proposed work plan includes:
• Developing policies, procedures, and parameters
for WSAC's Litigation Program;
• Establishing and supporting a committee to guide
litigation strategy development in conjunction with
WSAC's legislative strategy;
• Conducting research to support the legal strategy;
• Coordinating with partners, members, and others in
making and pursuing litigation decisions;
• Hiring a staff attorney who has the ability to litigate
cases WSAC chooses to pursue;
• Strategic communication to explain WSAC's
actions when litigation is utilized.
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Washington State Association of Counties • 206 Tenth Ave SE, Olympia, WA 98501 • 360.753.1886 • www.wsac.org
Neglect of County Authority and Financial Needs
The Washington State Legislature has continued to shift costs and override counties' local authority through policy
changes without addressing the underlying funding problems that face county budgets. However, it is not only the
State Legislature that shifts costs down to counties. The following are examples of other state agencies also changing
rules, regulations and internal policy in ways that affect county budgets bottom line or infringe on county roles and
responsibilities.
Department of Fish & Wildlife:
Regulations & Rule-making Process
The Department of Fish and Wildlife has adopted
several regulations through their own rule making
process, that has increased the costs of roads and
bridges for county public works projects. There has
been no compensation from the state to help cover the
additional costs of these projects.
Department of Commerce:
Elimination of Grants
The Department of Commerce paid for raises for its
employees using the money that had previously gone
to public grants that helped counties with economic
development. Thus, the internal decisions of the agency
negatively affected county budgets bottom line because
those grants were reduced or no longer available.
Liquor Control Board:
Kittitas County Case
Kittitas County brought forth a lawsuit against the
Washington State Liquor and Cannabis Board (WSLCB)
because the board was preempting local control
and allowing licenses in areas where local zoning
regulations had banned such businesses. The superior
court found that WSLCB was indeed in violation of GMA
and Kittitas County was in compliance with state law.
Supreme Court:
Changing Caseload Standards
The Washington State Supreme court has lowered the
number of cases that any public defender can have at
a time. This requirement made it so that most counties
had to hire additional public defenders to reduce the
caseloads. The cost of hiring even one more staff
member can totally wipe out a counties' reserve. In
fact, since 2007, the cost of providing public defenders
has risen 56% to $150 million annually with the state
contributing less than 5% of the cost.
Increased Security Measures
The Washington State Supreme court also adopted
a rule that made it necessary for county courthouses
to form a committee that will look at the security in
county courthouses and make recommendations. Since
security is severely lacking in most courthouses, these
committees will undoubtedly lead to recommendations
in more expensive security measures. However, the
state has not set aside any funds to alleviate this burden
from the county budget's general funds.
Washington State Patrol:
Not Paying Statutory Costs
The Washington State Patrol has continued to refuse
to pay the cost associated with people in the county
jails that they are statutorily required to do. Therefore,
the counties end up bearing the full brunt of that cost
without any help from the state.
Washington State Association of Counties • 206 Tenth Ave SE, Olympia, WA 98501 • 360.753.1886 • www.wsac.org
March 2018 Update
WSAC Strategic Litigation and Communications Committees
Since the WSAC members approved the development of a strategic litigation program and to augment our advocacy
efforts with additional communications resources, the association has been in action. The officers appointed a
committee with 15 representatives of WSAC, 4 representatives of WAPA, 2 representatives from WACO, and 8 county
staffers with particularized expertise in communications or government relations. WSAC hired Matt Steuerwalt, from
Strategic Insight Partners to facilitate and assist with the development of the program and assist the process and
strategy subcommittees.
Since January, the full committee has met 3 times (so have each of the subcommittees) and has begun laying the
groundwork for a successful advocacy effort that integrates communications, legislative advocacy, and litigation.
The group has heard from other organizations about how they have used litigation, including: The Washington Farm
Bureau, Washington Environmental Council, and Washington Education Association.
Process Subcommittee
The Process Subcommittee was created to develop the internal decision-making process for WSAC when engaging
in proactive litigation. Initiating litigation and entering litigation as a party will involve significantly more risk than
submitting an amicus brief, which is the limit of WSAC's involvement in legal advocacy. A poor litigation decision could
split WSAC internally, and could create rifts between WSAC and the other elected county officials. Because of the
gravity of these decisions, the organization must have a robust decision-making process that fully accounts for these
risks.
There is also the need for clear criteria to guide WSAC in deciding which cases to pursue. Litigation is not only risky,
but it is also costly, and WSAC must be judicious with its limited resources. The subcommittee is weighing all of these
considerations in developing a proposal.
Strategy Subcommittee
The purpose of the Strategy Subcommittee is to develop an advocacy strategy to advance WSAC's policy objectives.
While legislative strategy has been our mainstay, the subcommittee is tasked with discerning how to utilize
communications and litigation along with legislative advocacy. Robust conversations have occurred about what
success would look like, and whether the Fiscal Sustainability Initiative is still our operating framework.
While the group has identified a plethora of ideas that require additional legal research and could be viable causes of
action, it is currently less clear where our initial focus should lie. We are also still sorting through the pieces from the
recently ended 2018 legislative session, and trying to discern what our 2019 legislative strategy should be. There is a
great deal of enthusiasm for these efforts, and the group is making steady progress.
See the next page for Frequently Asked Questions >
Washington State Association of Counties • 206 Tenth Ave SE, Olympia, WA 98501 • 360.753.1886 • www.wsac.org
To The Point - SLAC Work Group FAQs
The Washington State Association of Counties (WSAC) has been working to implement a Strategic Litigation
and Communications Work Group (SLAC) since the beginning of the year. This document is to help answer
frequently asked questions (FAQs) that may arise.
Why create this program?
• The Washington State Legislature continues
to undervalue and underfund the needs of
counties and our options are limited.
• Counties have worked for 6 sessions to fix the
structural problems and cannot do it without the
help of the state.
• Counties are looking at all their options and
find that they need to consider litigation as
a possible route to either inspire or mandate
action from the Legislature.
Who is WSAC going to sue?
• There has been no decision on who or what will
be up for litigation.
• WSAC is still in the very early process of
figuring out how and when any litigation could
be brought forward.
• WSAC is exploring claims against the state in
relation to unfunded mandates and agencies
that don't operate within the bounds of the law
as it pertains to counties.
Does my prosecutor need to be involved?
• WSAC is working closely with WAPA and other
independently elected officials throughout the
decision making process.
• WSAC recognizes the importance of harmony
within the courthouse and that the prosecutor
is your attorney. WSAC is exploring ways to
support that role and/or for WAPA involvement.
• Additionally, WSAC has 4 representatives of
WAPA on the SLAC Work Group.
I get along great with my legislators - how do
explain this to them?
• There are lots of great individual legislators, the
problem is with their collective lack of action.
WSAC hopes that you will be able to retain your
positive relationships with all elected officials
through this process.
• However, legislator's collective action on
passage of unfunded mandates hurts counties
bottom lines and it needs to stop.
What is happening now?
• The SLAC committee has split off into two
separate committees: the process and the
strategy committees. Both are still in the early
stages of putting all the pieces together.
• The Process Committee is looking at the
processes within WSAC that will be in place
to make bringing litigation a fair and equitable
process
The Strategy Committee is looking at how to
pair any kind of litigation with WSAC goals and
policy objectives.
How can I stay updated on this issue?
• WSAC understands that keeping the
membership informed on the progress is very
important.
• No decisions will be made without the consent
of the WSAC Board of Directors.
• Please contact Eric Johnson if you have any
questions or concerns about the process.
Washington State Association of Counties • 206 Tenth Ave SE, Olympia, WA 98501 • 360.753.1886 • www.wsac.org
Washington State
Association of Counties
May 10, 2018
TO: WSAC Board of Directors and Alternates
WSAC Legislative Steering Committee Members and Alternates
FROM: Eric Johnson, Executive Director
SUBJ: An Integrated Approach to Advocacy, Communication and Litigation
BACKGROUND
Every May for the past 10 years, leaders of the Washington State Association of Counties (WSAC) have met to set
goals, establish actions, and chart strategies to advance the business and policy agenda for the Association. In recent
years, WSAC members began to explore more assertive actions to both communicate the challenges facing county
government and identify other bold actions, including increased communication, civil disobedience, and litigation, to
advance the WSAC Policy Agenda.
One year ago, members of the WSAC Board of Directors and Legislative Steering Committee, with a pent up high
level of frustration with the Washington State Legislature and Executive Branch, directed the WSAC Executive
Committee to develop a proposal and budget request to fund "Strategic Litigation and Communication". The WSAC
Executive Committee and WSAC Board of Directors proposed a $400,000 Strategic Litigation and Communication
Program that, on November 16, 2017, the WSAC Membership unanimously supported.
DISCUSSION
WSAC staff went to work with WSAC Executive Committee and LSC Co -Chairs on alternatives and options for
program development including the appointment of the Strategic Litigation and Communication Workgroup
(SLAC) to recommend policies, procedures, and a 2018-2019 Action Plan.
Highlights of the SLACs work have included:
• SLAC membership includes:
Spokane County Commissioner Al French
Wahkiakum County Commissioner Blair Brady
Snohomish County Councilmember Brian Sullivan
Pierce County Councilmember Derek Young
Island County Commissioner Helen Price -Johnson
Yakima County Treasurer Ilene Thomson
San Juan County Councilmember Jamie Stephens
Walla Walla County Commissioner Jim Johnson
Thurston County Prosecuting Attorney Jon Tunheim
Jefferson County Commissioner Kate Dean
Mason County Commissioner Kevin Shutty
King County Chief Civil Deputy Kevin Wright
Whitman County Commissioner Michael Largent
Kittitas County Commissioner Paul Jewell
Clallam County Commissioner Randy Johnson
Kitsap County Commissioner Rob Gelder
Benton County Chief Civil Deputy Ryan Brown
Lincoln County Commissioner Scott Hutsell
Douglas County Prosecuting Attorney Steve Clem
Douglas County Auditor Thad Duvall
Stevens County Commissioner Wes McCart
Various staff from King, Pierce, Snohomish, and Spokane Counties have participated.
Matt Steuerwalt, from Strategic Insight Partners, has facilitated the SLAC Workgroup.
• A Process Subcommittee was appointed to develop a proposed process for how and when WSAC will
utilize legal actions
• A Strategy Subcommittee was also appointed to develop a proposed integrated advocacy,
communications, and litigation strategy
• The SLAC Workgroup or one of the Subcommittees met at least every other week since end of January
• Other advocacy groups made presentations on their approach to legal activities, including:
o Washington Farm Bureau
o Washington Environmental Council
o Washington Education Association
• The SLAC Workgroup formulated recommendations for consideration by the WSAC Board of Directors
and Legislative Steering Committee including:
o DRAFT 2019 Legislative Agenda
o INTERIM Integrated Strategic Legislative Advocacy, Litigation and Communication Program
Policy
o DRAFT Communication and Legal Program 2018-2019 Action Plan
WSAC is committed to make sure that as we develop and implement this program, policy, and any proposed
actions, we effectively communicate and engage the "courthouse family". Further, we will continue to
communicate and engage WSAC members and our partner organizations as transparently as we can as
program implementation moves forward.
An outcome of your deliberations could result in an Action Plan that contains measures to pursue increased
communication and a variety of legal tools including the potential of litigation. In any case, there will be many
more interactions, discussions and decisions to be made before any litigation is taken by WSAC.
What is clear from the SLAC Workgroup is that county leaders want to keep their constituents safe, provide
high quality services that they rely on, and promote strong and vibrant communities. It is important that the
Association has a range of tools available to assist counties to accomplish these goals.
Finally, let me express my thanks to the members of the Strategic Litigation and Communications Workgroup
that have worked in a pragmatic and thoughtful way to prepare information and a recommendation for your
consideration.
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 1 of 12
Part _ - INTERIM Integrated Strategic Legislative Advocacy, Litigation and
Communication Program Policy
Purpose
It is the intent of the WSAC Board of Directors to fully implement the direction of the WSAC members
through the prudent and judicious administration of an integrated approach to legislative advocacy,
communication, and litigation. Communications and litigation are meant to be used as tools to
advance the WSAC policy agenda in coordination with legislative advocacy strategies and actions.
As an organization, WSAC believes that litigation or other legal actions should be used
sparingly and as a last resort. WSAC Members and our affiliate organizations desire to develop
and maintain positive, collaborative, and respectful partnerships with organizations we conduct
business with, in particular our important partnership with the State of Washington's
legislature and executive branch agencies. We commit to continuing to build these
relationships.
For counties to carry out our constitutional and statutory duties and assure that state policy is
effectively implemented, we simply must have adequate resources to do so. The legislature and
agencies need to work with county elected and appointed officials to assure adequate resources
are available. As currently constructed, counties cannot currently deliver essential programs
and services because flaws in the county finance structure make counties fiscally unsustainable.
Further, the legislature continually requires counties to buy and deliver new state services
without providing money to do so.
The WSAC Board of Directors intends to assure that the organization shall have a complete set
of tools available to support and advance its organizational policy objectives. Our actions and
resources will be utilized in an integrated, interwoven approach including government
relations, communications, and where appropriate legal or litigation activities. These strategies
and techniques include:
Government Relations
o Annual Adoption and Advocacy to Advance a WSAC Legislative Agenda;
o Regularly Update and Maintain WSAC Policy Statement;
o Support WSAC Legislative Steering Committee Activities;
o Develop and Maintain Relationships with Legislators, Governor's Office and
Executive Branch Agencies, and Independently Elected State Officials.
Communications
o Communications and Public Education that Support Policy Objectives;
o Educational Efforts Explaining Issues Facing County Government;
o Brand Awareness;
o Public Education;
o Issue Specific Information;
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 2 of 12
o Conduct Public Opinion Research to Develop Key Messages for Communications
Work;
o Internal Membership Communication.
Legal Actions
o Maintain a Unified Legal Strategy to Advance Organizational Policy Objectives;
o Confer with Counties Regarding Pending Litigation;
o Submit Amici Curiae Briefs;
o Intervene in Cases Before the Courts as Appropriate;
o Coordinate Litigation with Counties and Partners;
o Seek Formal and Informal Attorney General Opinions;
o Pursue "Friendly Lawsuits" with Other Parties to seek Judicial Recognition of a
Settlement to the Issue or Conflict;
o Conduct Research and Analysis Around Potential Litigation, Causes of Action
and Strategies;
o Initiate Litigation as a Plaintiff.
Legal Action Process Phases
To incorporate litigation as a tool for achieving its policy objectives, WSAC will utilize a four -
tiered structure:
Legal Committee
WSAC will utilize its Legal Committee for vetting ideas and requests for WSAC legal
action, and to develop, screen, and make recommendations about potential issues and
strategies associated with potential litigation. Initial vetting shall be done to assure that
any proposed litigation or legal request for consideration and analysis is consistent with
the goal that our government relations, communication, and legal activities are
completely harmonized and integrated.
The Legal Committee shall make recommendations for legal action based on the criteria
herein. Each recommendation shall include a proposed budget, likely timeline, and may
include any dissenting points of view on the merits of a particular course of action, and
any recommendations for the Executive Board to consider for members of a case
management committee if the Board of Directors approves legal activities.
Legal Committee, as appointed by the WSAC Executive Committee, shall consist of:
■ Four members from the WSAC Board of Directors, two from eastern
Washington, and two from western Washington. At least two of the
members must be members of the WSAC Legislative Steering Committee;
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 3 of 12
■ Four members representing WAPA, two from eastern Washington, and
two from western Washington. Two of which shall be Chief Civil
Deputies;
■ The WSAC President and Vice -President;
■ Two members representing separately elected county officials serving as
ex -officio, non-voting members;
■ An ex -officio member from the Washington Counties Risk Pool staff,
• The Legal Committee may invite the ex -officio participation of other
attorneys, county staff, or partner organizations as is deemed appropriate.
In developing their recommendation the Legal Committee shall, as appropriate:
• Communicate with the Washington Association of County Officials (WACO), affiliates
representing independently elected or appointed officials as appropriate, or other
partner organizations during the development and screening of potential legal action,
and should:
o Include a clear explanation that WSAC is considering potential legal action.
o Seek fiscal or other impacts of any potential case on their offices.
• WSAC members should seek the views of the other elected officials in their counties but
are not required to do so.
Seek input and advice from the Washington Association of Prosecuting Attorneys
(WAPA) on case development and screening.
Legislative Steering Committee
• As provided for herein, the Legislative Steering Committee shall review the Legal
Committee's recommendation.
• Any proposed legal action must receive a 2/3 affirmative vote of the LSC to recommend
proceeding with legal action to the Board of Directors.
• No legal action that requires LSC authorization may be considered by the Board without
a 2/3 recommendation from the LSC.
Board of Directors
• Unless otherwise provided for herein, the WSAC Board of Directors shall make the final
decision on pursuing legal activities.
• Any proposed legal action must receive both a 2/3 majority of the Board of Directors
present plus must receive a 50% share of the WSAC total annual dues.
• A legal action recommendation from the LSC may not be voted upon by the Board of
Directors without a minimum 10 day notification to WSAC members.
• The WSAC Board shall retain settlement authority, unless otherwise delegated to
executive committee with a set of sideboards defining an acceptable settlement.
• WSACs existing Amicus Brief Policy and Process remains in place, until a
recommendation can be developed for integration into the Legal Committee.
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 4 of 12
The Board may direct staff to serve as a coordinator or facilitator of legal action taken by
one or more WSAC members to which WSAC itself is not a party.
The WSAC Board of Directors, under limited time sensitive conditions, will delegate
some legal activities to the Executive Committee as provided for herein.
Case Management Committee
Once legal action is underway, the Executive Committee shall appoint a Case Management
Committee for every case or issue. WSAC may invite participation from partner
organizations, and affiliates or members as appropriate to the subject matter of the case.
Each specific Case Management Committee appointed by the Executive Committee shall be
responsible for engaging with legal counsel, receiving regular reports on the case,
discussing case strategy and advise on managing individual case legal action.
Communications within WSAC during Litigation
• The Case Management Committee shall be responsible for engaging with legal counsel,
receiving regular reports, and discussing strategy.
• The WSAC Board shall receive quarterly updates at Board meetings in executive session,
with budget information.
• WSAC membership shall receive regular process updates without any confidential
information (for example, information that is already subject to the Public Records Act
such as schedule, timing and court actions, briefs filed, etc.), to protect attorney-client
privileged information while keeping members informed.
• WSAC staff shall continue to educate members on how legal action informs overall
WSAC objectives through routine communication and will consider using WSAC
website to disseminate and maintain available information regarding each case.
• Communication with WSAC Members will be as open and transparent as possible while
protecting attorney client privileged communication as necessary
Legal Action Criteria and Evaluation
The Legal Committee, as supported by WSAC Staff or outside counsel, shall thoroughly vet all
potential options for legal action, utilizing evaluation and criteria described herein to develop
and provide information and a recommendation to the LSC and, the Board of Directors as
appropriate, by following the guidelines below for their review when considering legal action.
The set of evaluation questions, criteria and decision making process may be different for six
possible legal or litigation applications:
Recommendation of the Legal Committee to be submitted to the WSAC Board of
Directors or as delegated to the WSAC Executive Committee:
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 5 of 12
o Submit Amici Curiae Briefs
o Coordinate litigation with counties and partners (but not have WSAC intervene
on its own behalf)
o Seek formal and informal Attorney General Opinions
o Proceed with friendly lawsuits with other parties to seek judicial recognition of a
settlement to the issue or conflict
Recommendation of the Legal Committee to be submitted directly to the WSAC
Legislative Steering Committee to execute legal action decision making procedure as
described herein:
o Intervene in cases before the courts as appropriate
o Initiate litigation proceedings
It is recognized that WSAC has a significant interest in many legal issues, but shall use any legal tools
in a prudent and judicious manner. WSAC desires to identify legal issues and arguments that
recognize that counties have unique and identifiable authorities and powers as defined by the state
constitution, statutes, and regulations.
WSAC's primary legal interests is to assure counties have the resources and ability to deliver high-
quality public services that are required by our constitution, statutes, administrative rules or our
citizens. It is clear that counties cannot currently meet this goal because flaws in the county finance
structure make counties fiscally unsustainable. In general, WSAC shall focus its legal program on the
following:
• Instances that relate to county structure;
• Organic powers;
• Fiscal impacts affecting long term fiscal sustainability;
• Pre-emption of authorities;
• Unfunded mandates.
The WSAC Legal Committee shall consider and provide analysis regarding three broad
evaluative criteria:
• Legal issues;
• Communications and public relations;
• Case management and administration.
The Legal Committee shall consider, at a minimum, the following questions in developing their
recommendation:
Legal Issues
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 6 of 12
• Do we understand the current case law?
• Do the facts support a good case? Will the case provide an answer and some certainty,
irrespective of whether we prevail?
• What is our analysis of the public policy issues involved in the case?
• Can we shape the argument around which aspects of the case will we pursue?
• Do we understand the facts and law the opponents will use?
Communications and Public Relations
• Can we win the public relations battle — what will the public perception be on the case
specifically and the general, larger narrative around the function of government?
• Can we explain what we're doing?
• How will legislators react and respond to the case?
• Have we fully considered the consequences of the case beyond the obvious initial
impacts?
• What are other hot button issues or case studies that we can use to strengthen the public
relations narrative?
• What internal stories do our members have that can help us with public relations?
Case Management and Administration
• What is the likelihood of success?
• What are consequences of winning and losing?
• Is this case a candidate for an alternative to litigation, i.e., Attorney General Opinion?
• Who are our allies and our opponents? Can we expect them to join or oppose in the
case?
• Coordination, friendly lawsuit simply to settle the law?
• What does success look like, both short and long term?
• Is this case supportive of our long term strategy?
• What parameters would we be comfortable settling on?
• What will be the discovery or public records request requirements?
• Will the case require outside counsel, and if so what scrutiny should we give to the
hiring decision?
• Can we avoid losing attorney's fees?
• What the likelihood of opposition within the county family — and who and why?
• Do we have the financial and human resources to follow the case to its conclusion?
• Have we tried other strategies to resolve the issue?
• Have we thought through the entire arc of the case (e.g. are we trying to settle, or go to
Supreme Court)?
Legal Committee Recommendation
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 7 of 12
The Legal Committee recommendation shall be accompanied by the following information:
1) A brief summary of issues and findings associated with the proposed action:
a. Legal Issues
b. Communications and Public Relations
c. Case Management and Administration
2) Case history and current status if applicable;
3) Probably timeline and schedule;
4) A concise and brief statement of the issue or issues on which argument is desired,
5) A brief and succinct statement as to whether and how the decision will broadly affect
Washington counties;
6) State in particular how the results sought would be of benefit to the counties;
7) Is there any county that is, or might be, party on the other side of the case and/or that would
oppose or would be expected to oppose WSAC's participation in this legal activity? Are
there members of the Legal Committee that have a differing view than the majority of
members? If yes, please list, and state the known or anticipated bases for opposition.
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 8 of 12
Washington State
Association of Counties
Strategic Legislative Advocacy, Communication and Litigation
Program
Recommended 2018-2019 Action Plan
The Washington State Association of Counties will deploy a set of strategies and actions to
assure there is an integrated and interwoven approach to:
• Legislative advocacy and government relations;
• Communication; and
• Where appropriate, legal or litigation activities.
These strategies and actions are implemented with the intent to support and advance the
Association's policy agenda.
2019 Legislative Advocacy Recommendation to WSAC Membership
o Request full funding ($300 million a biennium) for indigent defense to ensure
constitutional due process for all Washingtonians and to provide fiscal relief
for county governments
o Support request (anticipated at $70 million for 2019-2021 biennium) in
funding for Foundational Public Health Services
o Resist new unfunded costs associated with proposed legislation or executive
or judicial branch rules based on fiscal merits
o Other issues as recommended by the Legislative Steering Committee and
approved by WSAC Membership
Communications
o Initiate significant efforts to educate legislators in their communities to
support legislative advocacy priorities
o Support potential or actual WSAC legal action by communicating the county
fiscal plight and how the legislature continues to fail to provide resources
and tools for counties to deliver high quality public services
o Continue to aggressively communicate and highlight that
■ The state regularly imposed mandates without the necessary funds to
implement;
■ The state continually shirks its responsibility to provide services and
requires counties to provide them instead;
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 9 of 12
Litigation
■ The state forces counties to shift the county taxpayers' money that fund
new state required services and programs while the state keeps its money
for its own pet projects.
o Conduct public opinion research to develop key messages for
communications work
o Prepare advocacy materials
o Prepare strategy and materials to communicate to Internal, External, and
Stakeholders on the progress of the Strategic Legislative Advocacy, Litigation
and Communication Program
o Identify and secure resources and tools to assist with expanding WSAC's
Digital Media Presence & Brand Awareness
o Direct the Legal Committee to initiate review of two issues for potential legal
action against the State:
Challenging the constitutionality of SHB 2887 requiring
Spokane County to elect five County Commissioners by
District. This legislation violates the uniformity clause of
Article XI and creates a precedent for the legislature to impose
different requirements on different counties over county
objections.
Challenge Senate Bill 5472 (Ballot Drop Box Bill) as a violation
of RCW 43.135.060, Prohibition of new or extended programs
without full reimbursement as a means of getting judicial
review of the strength of the unfunded mandate law and
signaling to the legislature the strength of our opposition to
those unfunded mandates.
o Direct Legal Committee to prepare but not file lawsuit against state for
failure to provide indigent defense funding, such that legislative inaction in
2019 could result in litigation in 2020.
o Direct Legal Committee to begin research around additional causes of action,
be they administrative rule, statute or constitutional.
Administration
- Bylaws Review and Proposed Amendments
o 3.17.3 Bylaws Committee
■ President Appoint Bylaws Committee
■ 3.13 Manner of Acting
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 10 of 12
■ Review Bylaws for Other Necessary Amendments
- Comprehensive Business and Policy Manual Review and Amendments
o Interim Strategic Litigation and Communication Program Policy
■ Define Vetting Procedures and Statement
■ Legal Advocacy Strategy
■ Development of Policies and Procedures for Legal Program:
• Legal Committee
• Board of Directors
• Legislative Steering Committee
• Case Management Committees
• WSAC Staff
• Refinement of Litigation and Legal Program Criteria
o Legal Committee Charter Revision
o Assess how to integrate Amicus process into the Legal Committee
- Communication with Members on Litigation Proceedings
o Open and Transparent Process as Possible
• Understanding the Nature of Privileged Communication
• Guidance from Legal Counsel on under what conditions is
information covered by Attorney Client Privilege
o WSAC Executive Committee
o Board of Directors
o Legislative Steering Committee
o Legal Committee
o Case Management Committee
o WSAC Staff, etc.
- Staffing
o Communications
o Attorney
o Research Director
- Contractors
o Communications
o Outside Counsel
- Committee Structure
o Legal Committee Appointments
- Fiscal and Budget
o 2019 Budget Preparation
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 11 of 12
Washington State
Association of Counties
DATE: May 10, 2018
TO: Legislative Steering Committee Members
FROM: Josh Weiss, Director of Policy and Legislative Relations
SUBJECT: 2019 Legislative Agenda
Background
The WSAC legislative agenda includes the ideas that our staff and members will proactively work to advance with the
executive branch and legislature. By placing an idea on the legislative agenda, WSAC is communicating its
commitment to advance a proposal on the idea. When an idea is on our legislative agenda, we expect that WSAC will
invest the time and resources to assure the idea has its best chance of success in the legislature. We are not restricted
from advocating for legislation that is not on our legislative agenda, and we will support bills that are consistent with
the WSAC Policy Statement or supported by the LSC.
We also spend a considerable amount of time playing defense on legislative proposals that are inconsistent with our
Policy Statement or established LSC objectives. Defense is the unwritten but constant element of every WSAC
legislative agenda. One thing to consider is that when WSAC participates in local legislative meetings before session,
our advocacy is focused on items listed on the legislative agenda.
Our experience is that having a limited number of items on the legislative agenda is necessary. This helps ensure that
legislators remember our message, and that the organization maintains focus.
The Legislative Steering Committee is charged with the responsibility of preparing and recommending a proposed
legislative agenda for the review and approval of the WSAC membership. Since 2012, the LSC has held a biennial
planning meeting in May on even years to establish the framework for the next biennium's legislative program and
specific items for the legislative agenda.
It is common for these biennial LSC planning meetings to be preceded by work groups who prepare and make
recommendations for the LSC to consider. In November of 2017, the WSAC membership approved the creation of an
integrated legislative, communications, and litigation effort beginning in 2018. Consistent with this direction,
President Brady created the Strategic Litigation and Communications (SLAC) workgroup. One of the tasks for the SLAC
workgroup was to propose an integrated legislative and litigation strategy. While the SLAC workgroup is making a
broader set of recommendations relating to litigation and communications, it is also making the following
recommendation for the 2019 legislative agenda.
LSC members are encouraged to consider whether these are the ideas that should be the WSAC 2019 legislative
agenda, whether there are other items that should be added to the agenda, and how any legislative proposal
integrates with WSACs integrated approach to advocacy, communication and litigation.
Recommendation
The SLAC workgroup recommends that WSAC include the following items on the 2019 legislative agenda:
1. Request full funding ($306 million a biennium) for indigent defense;
2. Support request (anticipated at $70 million for 2019-2021 biennium) in funding for Foundational Public
Health Services, and;
3. Resist new unfunded costs associated with proposed legislation or executive or judicial branch rules based on
fiscal merits.
Combined WSAC LSC & WSAC Board of Directors Planning Meeting May 10, 2018 Page 12 of 12